Homeland Security Secretary Kristi Noem directed the transfer of hundreds of Venezuelan men to El Salvador in March, despite a federal judge's order to halt deportation flights. According to a new court filing by Trump administration lawyers, Noem's decision came after U.S. District Judge James Boasberg issued both an oral directive and a written order to stop the deportations under the Alien Enemies Act (AEA).
The Department of Justice (DOJ) stated that DOJ and Department of Homeland Security (DHS) officials provided legal advice to Noem, which she used to justify the transfer of the detainees to El Salvador. The DOJ argued that the court's written order did not require the return of those already removed, and the oral directive was not a binding injunction.
The deportations involved alleged members of the Venezuelan gang Tren de Aragua, whom the Trump administration classified as a "hybrid criminal state" invading the U.S. The detainees were sent to CECOT prison in El Salvador, where human rights groups claim they faced torture and abuse.
Judge Boasberg is now moving forward with a contempt inquiry to determine if Trump administration officials violated his order. The DOJ maintains that their actions were lawful and consistent with the court's order. The inquiry could involve testimony from high-ranking officials and may begin as soon as December 1.